Judge Nicole V. Perdue
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Filings > 20 pages
Motion
Adjournments
- Agreed continuance motions do not bind the Court and may be granted only at its discretion.
- A first continuance may be granted for good cause or party agreement if the motion is filed sufficiently before trial.
- A continuance after the first reset must demonstrate substantial need and be set for oral hearing, whether agreed or opposed.
- +2 more
Request must include
Communication
Phone
Clerk
Document Format Requirements1 rule
In some instances, the Court may require that longer or more complex proposed orders be emailed to the Clerk in Word format.
Document Filing Requirements46 rules
The Court does not use Lexis; Lexis citations are not acceptable unless a copy of the unpublished opinion is provided to the Court.
The parties shall not request a particular Guardian Ad Litem for appointment, and the Court does not appoint Guardian Ad Litems selected or agreed upon by the parties or counsel.
A certificate of conference stating only that a letter or email was sent to opposing counsel and no response was received does not constitute a proper certificate of conference.
If the defaulting party was served at an address different from the one listed on the citation, the movant must file a Motion to Amend Citation.
A Guardian Ad Litem is required in all settlements involving minor children.
If citing an unpublished opinion, counsel shall provide the Westlaw citation.
- Document
- Filing citing an unpublished opinion
Must include
- •Provide the Westlaw citation
If amendments are made, the parties must either file the amended proposed judgment or present a copy at the hearing with all changes from the previously filed version clearly highlighted.
When seeking attorney’s fees in a motion for default judgment, the movant must include an affidavit providing competent evidence to support the claim.
Any party seeking an oral hearing on a motion set on the submission docket must file a written request.
A proposed Final Judgment must be filed before contacting the Clerk to obtain a hearing date on the minor’s settlement.
When submitting documents, counsel shall enter the full title of the pleading in the description field.
Counsel are responsible for ensuring that all cited authorities exist and are accurately quoted.
If the parties seek to amend the Docket Control Order in addition to continuing the trial setting, the motion must expressly request such relief and the proposed order state that a new scheduling order will be entered.
To withdraw a motion for summary judgment, the party must file a written notice of withdrawal with the Court.
Summary judgment evidence should be filed or attached contemporaneously with the motion or response rather than incorporated by reference to materials previously filed.
The party must provide an estimated time for the hearing and indicate whether a Court Reporter is required.
A Non-Military Affidavit that complies with recent amendments to the Soldiers and Sailors Relief Act must be submitted with the motion.
Proposed orders shall list each disputed request or objection individually, allowing the Court to grant or deny relief as to each item.
All motions and responses shall be accompanied by a proposed order. This requirement includes objections to summary judgment evidence.
- Document
- Motion or response
Must include
- •Proposed order
The motion must state the basis for the severance.
- Document
- Motion for severance
Must include
- •State the basis for the severance
When submitting a proposed order, include a cover letter stating whether the order is agreed as to form.
A party setting a matter on the submission docket shall file a Notice of Submission identifying the exact title of each motion and serve all counsel and self-represented parties.
Do not combine multiple motions into a single proposed order.
The parties shall file an Agreed Motion for Appointment of Guardian Ad Litem and a proposed Order Appointing Guardian Ad Litem.
Must include
- •Proposed order
If the Court determines that a motion contains such citations upon which its request for relief relies, the requested relief will be denied without further consideration.
*If the parties request or agree to a summer trial setting, they must also expressly waive any vacation letters that would conflict with that setting.
The notice shall be titled “Notice of Withdrawal of Motion for Summary Judgment” and, pursuant to Rule 166a, as amended, must identify the date the motion was originally filed.
If a movant requests an oral hearing, the request must appear in the title of the motion.
Such motions must be clearly labeled “Agreed” or “Unopposed.”
To request an emergency hearing, a party must file a written emergency motion that provides a detailed explanation establishing the basis for emergency relief.
The notice must state the exact title of each motion to be heard.
If a non-movant requests an oral hearing, the request must appear in the title of the response.
The proposed order shall include a blank for the Court to insert the new trial date.
- Document
- Proposed order on first continuance
Must include
- •Proposed order
A Rule 106 motion for substituted service must include an affidavit detailing address verification, service attempts, persons and vehicles observed, and facts supporting notice by the requested method.
Court's wording
Motions for substituted service under Texas Rule of Civil Procedure 106 must be supported by an affidavit that includes: The efforts made to verify that the defendant resides or works at the address in question; Each attempt at service, including the date and time; The identity of any persons present at the address and what was said; The identity of any vehicles observed or other indicia that the defendant resides at the address; and Any additional facts demonstrating that the defendant will receive notice through the requested method of substituted service.
This motion should request that the citation be amended to reflect the address where valid service was achieved and should include a proposed Order to Amend Citation.
- Document
- Motion to amend citation
Should include
- •Proposed order
A motion lacking a certificate confirming an actual discussion or explaining why none occurred will be passed.
Court's wording
Motions that do not include a certificate confirming that counsel has actually spoken with opposing counsel regarding the requested relief—or explaining why such a discussion has not occurred—will be passed.
Exhibits must be clearly labeled (without using all capital letters) and filed as separate documents.
The motion and proposed order must identify each discovery issue separately.
- Document
- Discovery motion and proposed order
Must include
- •Identify each discovery issue separately
Motions, pleas, and special exceptions require a certificate of conference, subject to the listed exceptions.
- Document
- Motion, plea, or special exception
Must include
- •Certificate of conference
Court's wording
A certificate of conference is required on all motions (including discovery motions), pleas, and special exceptions except: · Motions for Summary Judgment; · Default Judgments; · Agreed Judgments; · Motions for Voluntary Dismissal or Non-Suit; · Post-Verdict Motions; and · Motions involving service of citation
The motion must also reflect that notice has been provided to all opposing counsel or self-represented parties, or must explain with specificity why notice could not be given.
A proposed severance order should identify the new case style and number, included parties and pleadings, case status, and party responsible for costs and fees.
Court's wording
The proposed Order of Severance should include the following: The style of the severed case; The cause number; The parties to be included in the severed case; The pleadings to be severed into the new file; Whether the severance order disposes of the severed case or whether the severed case will remain active; and The party responsible for payment of court costs and severance fees.
The Court may pass any hearing on a motion filed without a proposed order.
At a minimum, the affidavit should address: (1) counsel’s experience; (2) the work performed in the case; (3) the time spent performing that work; and (4) the hourly rate charged.
The Court prefers that the Supreme Court Ad Litem Fee Report be filed in advance of the hearing; however, it is not required in order to obtain a hearing date.
The proposed Final Judgment may be amended before the hearing, if necessary.
Alternatively, the parties may submit a proposed amended scheduling order for the Court’s consideration.
Filing & Service rules
Electronic Filing Rules
All cases filed in the 133rd Civil District Court must be filed electronically.
In accordance with the Local Rules of the Harris County District Courts, all cases filed in the 133rd Civil District Court must be electronically filed.
Civil cases
Page 1 | MANDATORY ELECTRONIC FILING
Filing Timing and Cure Windows
Late-filed responses will not be considered.
Late-filed responses will not be considered.
Civil cases
Page 1 | Oral Hearings
Responsive pleadings must be filed by noon on the last business day before the hearing.
Any responsive pleading must be filed by 12:00 p.m. on the last business day before the hearing.
Civil cases
Page 1 | Oral Hearings
Set motions for severance on the Monday 8:00 a.m. submission docket with ten days’ notice.
Motions for Severance should be set on the submission docket, any Monday at 8:00 a.m. with ten days’ notice.
Civil cases
Page 1 | Motions for Severance
If no final judgment or other dispositive filing is submitted within 14 days after settlement notice, the case may be dismissed for want of prosecution.
If a final judgment or other dispositive filing is not submitted within fourteen (14) days after the Court is notified of the settlement, the case may be dismissed for want of prosecution.
Civil cases
Page 1 | Settlement Announcements
Counsel should consult the Docket Control Order for the appropriate filing time for no-evidence summary judgment motions.
Counsel should consult the Docket Control Order regarding the appropriate timing for filing such motions.
Civil cases
Page 1 | Motions for Summary Judgment: Rule 166a
The Court may extend the 14-day settlement filing deadline if appropriate.
The Court may extend this deadline if appropriate.
Civil cases
Page 1 | Settlement Announcements
Service and Proof of Service Rules
The movant must give defaulting parties and all other parties who appeared 10 days’ notice of the hearing and motion.
The Court requires the movant to provide defaulting parties, as well as any other parties who have appeared in the case, with 10 days’ notice of the hearing and the default motion.
Civil cases
Page 1 | Motions for Default Judgment
After a hearing date is assigned, the requesting party must file and serve a Notice of Oral Hearing on all counsel and self-represented litigants.
Once a hearing date is assigned, the requesting party must file a Notice of Oral Hearing and serve it on all counsel and self-represented litigants.
Civil cases
Page 1 | Oral Hearings
When courtesy materials are delivered, provide all parties written notice identifying the documents delivered.
Written notice must also be provided to all parties identifying the specific documents delivered to the Court.
Civil cases
Page 1 | Courtesy Copies
Send the default hearing and motion notice by regular and certified mail and certify service.
Notice must be sent via regular and certified mail, and the movant must certify this action in a certificate of service.
Civil cases
Page 1 | Motions for Default Judgment
After the Clerk provides a hearing date, the requesting party must notify all parties of the hearing.
The Clerk will provide a hearing date, and the requesting party must give notice of the hearing to all parties.
Civil cases
Page 1 | Submission Docket
If a courtesy copy is marked or highlighted, the submitting party must give all other parties an identical copy.
If a courtesy copy contains highlighting or other markings, the submitting party must provide all other parties with an identical copy of what was provided to the Court.
Civil cases
Page 1 | Courtesy Copies
Courtesy Copy Requirements
A courtesy copy must include the proposed order, latest live pleading and answer, current Docket Control Order, and cited unpublished authority.
The courtesy copy must also include a copy of the proposed order, the latest live pleading and answer, the current Docket Control Order, and any unpublished legal authority cited in the filing—particularly if the authority is available only through Lexis.
Civil cases
Page 1 | Courtesy Copies
A courtesy copy of the filing and exhibits is required if the pleading exceeds 20 pages or contains more than 50 exhibit pages.
Parties filing pleadings exceeding 20 pages or containing more than 50 pages of exhibits must provide the Court with a courtesy copy of the filing and exhibits.
Civil cases
Page 1 | Courtesy Copies
For a motion containing hyperlinks, counsel may provide a USB thumb-drive courtesy copy along with any required courtesy copies.
If a motion contains hyperlinks, counsel may provide a courtesy copy of the motion on a USB thumb drive with any required courtesy copies.
Civil cases
Page 1 | Citations and Hyperlinks
Pre-Motion Conference Requirements
A motion will not be set for oral hearing without an estimated hearing time.
No motion will be set for oral hearing without a time estimate.
Civil cases
Page 1 | Oral Hearings
Before the Court considers a motion requiring a conference, the movant must confer directly and person-to-person with opposing counsel.
The movant must confer directly, person-to-person, with opposing counsel before the Court will consider any motion requiring a conference.
Civil cases
Page 1 | Certificates of Conference
Default judgment motions based on unpaid assessments or deed restriction violations must be set for oral hearing.
Motions for Default Judgment based on unpaid assessments or deed restriction violations must be set for oral hearing.
Civil cases
Page 1 | Special Note Regarding Homeowners’ Association Defaults
Motions to compel and other discovery-dispute motions must be set on the oral hearing docket.
All motions to compel, and any motion related to discovery disputes, must be set on the oral hearing docket.
Civil cases
Page 1 | Discovery Disputes
Motions to withdraw must be set for oral hearing unless they strictly comply with Rule 10 and are signed by all parties and attorneys of record.
All motions to withdraw as counsel must be set on the Court’s oral hearing docket unless the motion strictly complies with Texas Rule of Civil Procedure 10 and is signed by all parties and all attorneys of record.
Civil cases
Page 1 | Motions to Withdraw as Counsel
A default judgment seeking unliquidated damages requires an oral hearing, which is set by contacting the Clerk after filing the motion.
Default judgments seeking unliquidated damages require an oral hearing. Contact the Clerk to set the hearing after filing the motion.
Civil cases
Page 1 | Motions for Default Judgment
Contested motions to withdraw must always be set for oral hearing and will be granted only when absolutely necessary.
Contested motions to withdraw must be set for oral hearing in all circumstances and will be granted only when absolutely necessary.
Civil cases
Page 1 | Motions to Withdraw as Counsel
A summary judgment motion cannot be passed; the party must proceed with or withdraw it.
Passing a motion for summary judgment is not permitted under Rule 166a, as amended. A party must either proceed on the motion or withdraw it.
Civil cases
Page 1 | Summary Judgment Settings: Submission and Oral Hearings
A summary judgment motion without an oral-hearing request in its title will be placed on the submission docket.
If the request for oral hearing does not appear in the title of the motion, the motion will be placed on the Court’s submission docket.
Civil cases
Page 1 | Summary Judgment Settings: Submission and Oral Hearings
Do not request sanctions unless a prior court order has been violated.
Sanctions should not be requested absent a violation of a prior court order.
Civil cases
Page 1 | Motions for Sanctions
A no-evidence summary judgment motion filed before discovery ends will likely be denied without prejudice.
Any no-evidence motion for summary judgment filed before the discovery period has elapsed will likely be DENIED without prejudice.
Civil cases
Page 1 | Motions for Summary Judgment: Rule 166a
Parties may amend Docket Control Order deadlines, except joinder, pretrial conference, or trial-setting dates, by Rule 11 agreement or motion for leave.
To amend any deadline contained in the Docket Control Order (other than joinder, pretrial conference, or trial setting), the parties may proceed by Rule 11 agreement or by filing a motion for leave of court.
Civil cases
Page 1 | Trial Settings
When no prior court order has been violated, counsel should seek reasonable costs rather than sanctions.
In other circumstances, counsel should seek reimbursement of reasonable costs rather than sanctions.
Civil cases
Page 1 | Motions for Sanctions
Unless another procedure applies, agreed or unopposed motions need not be set on an oral hearing or submission docket.
Unless otherwise specified herein, agreed or unopposed motions are not required to be set on the oral hearing or submission docket.
Civil cases
Page 1 | Agreed and Unopposed Motions
Motions for substitution may be set on the submission docket.
Motions for substitution may be set on the Court’s submission docket.
Civil cases
Page 1 | Motions to Withdraw as Counsel
Rule 106 motions for substituted service are placed on the submission docket without a notice of submission.
Motions for substituted service will be placed on the submission docket; no notice of submission is required.
Civil cases
Page 1 | Rule 106 Motions for Substitute Service
Default judgments seeking liquidated damages may be set on the submission docket.
Default judgments seeking liquidated damages may be set on the submission docket.
Civil cases
Page 1 | Motions for Default Judgment
Adjournment & Extension Requirements
A request to reset a summary judgment hearing or submission must strictly comply with Rule 166a and will be granted only when that rule authorizes it.
Any request to reset the hearing or submission must strictly comply with Rule 166a and will be granted only if authorized by the rule.
Civil cases
Page 1 | Summary Judgment Settings: Submission and Oral Hearings
A continuance after the first reset must demonstrate substantial need and be set for oral hearing, whether agreed or opposed.
Any request for a continuance after the first reset must demonstrate a substantial need to delay the trial setting and must be set for oral hearing, regardless of whether the motion is agreed or opposed.
Civil cases
Page 1 | TRIAL CONTINUANCES
Agreed continuance motions do not bind the Court and may be granted only at its discretion.
Agreed motions for continuance are not binding on the Court and will be granted only at the Court’s discretion.
Civil cases
Page 1 | TRIAL CONTINUANCES
An agreed first continuance does not require a hearing unless the Court determines one is necessary.
If agreed, a hearing is not required unless, upon review of the motion, the Court determines that one is necessary.
Civil cases
Page 1 | TRIAL CONTINUANCES
A first continuance may be granted for good cause or party agreement if the motion is filed sufficiently before trial.
A first continuance may be granted for good cause or upon agreement of the parties, provided the motion is filed sufficiently in advance of the trial setting.
Civil cases
Page 1 | TRIAL CONTINUANCES
Chambers Communication Rules
Emailing or calling the Clerk to announce an intent to withdraw does not withdraw a summary judgment motion or satisfy Rule 166a.
An email to, or telephone call with, the Clerk advising of an intent to withdraw the motion is insufficient and does not constitute withdrawal or compliance with Rule 166a.
Civil cases
Page 1 | Summary Judgment Settings: Submission and Oral Hearings
Counsel seeking telephone appearance approval must contact the Clerk and give specific reasons it is necessary.
To request approval, counsel must contact the Clerk and provide specific reasons demonstrating why a telephonic appearance is necessary.
Civil cases
Page 1 | Telephonic Appearances
All Zoom appearances require advance Court approval.
All appearances by Zoom require prior approval from the Court.
Civil cases
Page 1 | Zoom Appearances
If a hearing is passed, counsel must promptly notify the Clerk by phone and notify all parties.
If a hearing is passed, counsel must promptly notify the Clerk at 832-927-2480 and all parties.
Civil cases
Page 1 | Oral Hearings
Except for summary judgment oral-hearing requests, a party seeking an oral hearing must contact the Clerk for a date.
Except for requests for oral hearings on summary judgment motions, a party seeking an oral hearing must contact the Clerk to obtain a hearing date.
Civil cases
Page 1 | Oral Hearings
Before filing a continuance motion after the first reset, counsel must confer with the Court Coordinator about the Court’s procedures.
Before filing such a motion, counsel must confer with the Court Coordinator regarding the Court’s procedures.
Civil cases
Page 1 | TRIAL CONTINUANCES
A party must obtain the Court’s advance permission to appear by telephone.
Permission to appear by telephone must be obtained in advance from the Court.
Civil cases
Page 1 | Telephonic Appearances
Telephonic appearances in contested matters are strongly discouraged.
Telephonic appearances in contested matters are strongly discouraged.
Civil cases
Page 1 | Telephonic Appearances
Settlement may be announced by notifying the Court Coordinator by telephone or email.
Notification by telephone or email to the Court Coordinator is sufficient.
Civil cases
Page 1 | Settlement Announcements